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Terms of Service

Last updated on July 7, 2019

This Notice

Wikistrat Ltd., Wikistrat Inc. and/or their affiliates (“we”,”us”, “our”) are the owners of this website and other web and network-based platforms, systems, tools, methodologies, publications, products and services referred to in this website or associated with it, including and the interactive geopolitical model operating on a proprietary competitive collaboration wiki platform (“Wikistrat Network”).

These terms and conditions, together with any additional terms, conditions, policies, notices, and disclaimers displayed elsewhere on the Wikistrat Network, as changed by us from time to time (“Terms”), govern your access to and use of the Wikistrat Network. By accessing the Wikistrat Network, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not accept these Terms you should immediately cease using the Wikistrat Network. Your right to access the Wikistrat Network is conditional at all times on your acceptance of these Terms.

We may change all or part of these Terms at any time by displaying the updated Terms here. Your subsequent or continued use of the Wikistrat Network will constitute your acceptance of any such changes, and if you do not accept them you should immediately discontinue your use of the Wikistrat Network.

Additional Terms for Certain Users

Certain parts or activities of the Wikistrat Network can be accessed or used by permitted users only, such as members of the Wikistrat community of content contributors, customers or other participants approved in advance by us. Such users may be subject to a separate agreement that includes further terms and conditions applicable to them in addition to these Terms, such as the Wikistrat Community Member Agreement, tailored client agreements or competition or simulation rules published separately (“Additional Terms”). The Additional Terms will prevail in the event of any conflict or inconsistency with these Terms.

You may be asked to provide to us certain information before accessing or using certain parts or activities of the Wikistrat Network. You must provide to us accurate, complete and up-to-date information and must notify us of any subsequent changes to your registration information. You must not impersonate as anyone other than yourself, and unless expressly authorized to do so you must not create a user identity for anyone other than yourself. We may at any time request a form of identification to verify your identity. You will be fully accountable for the consequences of providing inaccurate or false information.

You may be assigned with a username or password (“User Details”) in connection with accessing or using certain parts of the Wikistrat Network. The User Details are provided to you exclusively for your personal use only and you must keep them strictly confidential and not divulge or transfer them to anyone or allow anyone to access them and/or use them. You are fully responsible for all activities which occur under your User Details (including unauthorized use of your credit card). You must notify us immediately if you become aware of any unauthorized use of your User Details.

We may at any time in our sole discretion reject, suspend, limit or terminate your use or access to all or any part of the Wikistrat Network, including if we believe you have breached these Terms or any Additional Terms or are acting in a way that may harm us or anyone else.

Ownership and Use

The Wikistrat Network includes materials and content, including without limitation information, data, images, text, graphics, audio and visual materials, names and logos (“Content”), that are protected by copyright, trademarks, and other laws.

All right, title and interest in and to the Wikistrat Network and its Content (except Third Party Content as defined further below), including without limitation all related registered and unregistered proprietary and intellectual property rights of any kind, are owned by us or licensed to us, unless otherwise expressly specified.

You do not have, and nothing in these Terms or the Wikistrat Network shall be construed as giving you any, right, title or interest of any kind in or to the Wikistrat Network or its Content or any license to use them, unless otherwise expressly specified in these Terms or any Additional Terms. In particular, you must not use any of our trademarks, service marks, trade names or logos in a way that may cause confusion about their owner or authorized user or the services or products they refer to, and you must not remove, obscure or alter any copyright, trademark or other proprietary notices included in the Wikistrat Network or its Content.

Except as expressly permitted under any applicable Additional Terms, you must not without our prior written consent copy, record, frame, mirror, use, reproduce, alter, adapt, modify, process, translate, display, publish, transmit, upload, post, distribute, broadcast, exploit, sell, rent, sublicense, create derivative works based on, make commercial use of or otherwise deal with the Content in any way by any means, in whole or in part, and must not allow or assist anyone else to do so. Without limiting the above you must not do anything that would make the Content available or accessible to anyone other than through the Wikistrat Network (including without limitation by posting it on any website or webpage or by emailing it).

Unless otherwise expressly permitted under any applicable Additional Terms, you may use the Wikistrat Network and its Content for your own information and reference purposes only, in accordance with these Terms, and not for any commercial purpose, provided that you do not remove any copyright, trademark or other proprietary notices included in the Content.

We may change, remove, delete or discontinue all or any part of the Wikistrat Network or its content, scope, design, layout or interface at any time, without providing notice to you.

Restrictions on Use

  • You must not use the Wikistrat Network or any of its Content in breach of these Terms, any applicable Additional Terms or any applicable laws or regulations or for any unlawful purpose.

  • You must not access or use the Wikistrat Network or any of its Content using any identity other than your own.

  • You must not stalk, harass, abuse, harm, threaten or otherwise offend any Wikistrat Network users.

  • You must not collect, harvest, index or process personal information of or relating to any Wikistrat Network users (including without limitation their User Details).

  • You must not interfere with, disrupt, impair, circumvent or manipulate the Wikistrat Network, its operation, functionality, traffic or security or the use of the Wikistrat Network by others.

  • You must not reverse engineer, modify, decompile, disassemble, adapt, alter, modify, copy, reproduce, translate or otherwise deal with any part of the Wikistrat Network.

  • You must not in any way monitor, gather or extract information about the Wikistrat Network’s traffic, usage, architecture, structure, security or users.

  • You must not use any tools, devices or technology to divert traffic from the Wikistrat Network to other webpages or away from the Wikistrat Network.

  • You must not act in any way which may infringe or put in disrepute any right, title or interest we have in or to the Wikistrat Network or its Content or harm our goodwill.

  • You must not delete any attributions or legal or proprietary notices on the Wikistrat Network.

  • You must not attempt to do any of the foregoing or assist anyone to do so.

User Materials

Some parts of the Wikistrat Network allow users to post, submit, upload, insert, email or otherwise transmit (all these actions will be referred to as “post”) various materials, including without limitation comments, correspondence, suggestions, requests, instructions, information, ideas, concepts, data, text, audio and visual materials (“User Materials”).

When posting User Materials, you must not impersonate as anyone else. You must not post User Materials, or assist anyone to post User Materials:

  • that you are not the rightful owner of or were not authorized to post by their rightful owner;

  • in breach of these Terms or of any applicable Additional Terms or applicable laws or regulations;

  • that are unlawful or promote, encourage or provide information about any unlawful or criminal conduct;

  • that are or contain materials that are or could reasonably be expected to be harmful, offensive, abusive, threatening, derogatory, harassing, defamatory, libelous, tortuous, racial, immoral, indecent, pornographic, vulgar, profane, obscene or invasive of privacy, that contain sexual acts or references or violence or that are likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

  • Which in any way violate or infringe (or could reasonably be expected to violate or infringe) the intellectual property or other rights of others;

  • that include an image or personal information of another person/s without their express prior consent;

  • that pose or create a risk to anyone or their privacy or security;

  • that you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

  • that contain viruses, Trojan horses, worms, spyware or any other malicious, destructive or harmful components;

  • of commercial content, including without limitation advertisements, sponsorships, endorsements or anything promoting or soliciting any goods or services or commercial activities.

By posting or otherwise making available any User Materials via the Wikistrat Network, you:

  • represent and warrant that you are the rightful owner of the User Materials or are authorized to post them subject to these Terms by their rightful owner;

  • grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, edit, adapt, alter, process, translate, display, upload, post, broadcast, distribute, publish, exploit and otherwise deal with the User Materials in whole or in part as we deem fit (including by sale, transfer or assignment of such license to third parties);

  • irrevocably and unconditionally waive any moral rights you may have in respect of the User Materials (so we do not have to, though we may, credit you as the author of the user Materials);

  • represent and warrant to us that you are at least 18 years or otherwise possess legal parental or guardian consent, and if you act for or on behalf of a corporation – that you are authorized to do so and that the corporation is duly incorporated under the laws of its place of incorporation and it has full power and authority to access and use the Wikistrat Network and post the User Materials; and

  • accept full responsibility for any consequences resulting from the posting of the User Materials.

Unless otherwise specified in any applicable Additional Terms, we do not guarantee or warrant that User Materials you submit to us will be posted at all or at or for any particular time. We may review and monitor any User Materials submitted to us or posted on the Wikistrat Network and may in our sole discretion refuse to accept, reject, block, remove, delete, alter or edit any User Materials before or after they are posted as we deem fit. However we have no obligation to review and monitor User Materials at any stage and nothing in these Terms will be construed as creating any such obligation.

We are not responsible for, and accept no liability with respect to, any User Materials posted or otherwise made available on the Wikistrat Network. We do not endorse any User Materials or any opinion, advice or statement made by anyone other than us and give no warranties or representations in relation to them (including without limitation in relation to their accessibility, accuracy, credibility, reliability, authenticity or validity).

If you have reason to believe that the Wikistrat Network or its Content has been accessed or used in breach of these Terms or any applicable Additional Terms or in a manner that infringes your or anyone else’s intellectual property rights or otherwise damages you or anyone, please email us all the relevant information at services@wikistrat.com with your contact details.

Third-Party Materials

The Wikistrat Network may contain links to websites or external sources operated by third parties, advertisements or promotions of third party products, services, events and activities, materials placed by third parties and facts, views, opinions, and recommendations of third parties (“Third Party Materials”).

The Third Party Materials are owned or posted by, for or under the responsibility of third parties not related to us. We do not accept any responsibility or liability in relation to the Third Party Materials or their content, we do not endorse, recommend or sponsor them and we give no warranties or representations in relation to them (including without limitation in relation to their accessibility, accuracy, credibility, reliability, authenticity or validity).

Your access or use of the Third Party Materials or communications and transactions between you and the providers of the Third-party Materials are entirely at your own risk and governed by their applicable terms and conditions, which you must comply with, and we accept no responsibility in relation to such access, use, communication, and transactions.

Monitoring and Controlling Use and Access

We may at any time at our sole discretion, without notice to you, monitor and review your access to and use of the Wikistrat Network and its Content to ensure compliance with these Terms or any Additional Terms. We may also suspend, limit or terminate your access to or right to use all or any part of the Wikistrat Network or its Content, including if we believe you have breached these Terms or any applicable Additional Terms or acting in a way that may harm us or anyone else.

Disclaimer of Warranties

Nothing in the Wikistrat Network or its Content constitutes or is intended to be, professional advice of any kind (legal, financial or other) and you should not rely on them as such. You should make your own inquiries and seek independent professional advice before making any decision or taking any action.

The Wikistrat Network and its Content (including User Materials and Third Party Materials) are made available to you on these Terms “As Is”, and to the fullest extent permitted by law, we disclaim any warranty or liability of any kind in relation to them, express or implied, including without limitation in relation to their accessibility, reliability, accuracy, completeness, quality, fitness for any purpose, compatibility, merchantability, performance, security or title.

Without limiting the above, we do not make any representation or warranty that:

  • access to or use of the Wikistrat Network will be available at all times or uninterrupted;

  • the Wikistrat Network will be fully functional or free from malfunction, failure or error;

  • the Wikistrat Network will be secure or free from viruses, Trojan horses, worms, spyware or any other malicious, destructive or harmful components or actions; or

  • the Content of the Wikistrat Network will be accurate, complete, reliable or fit for any purpose.

Your access to and use of the Wikistrat Network and its Content are entirely at your own risk. You are solely responsible for, and waive and release us from any claim or liability in relation to, any loss, damage, cost, expense or liability of any kind incurred by you directly or indirectly on any account in connection with your access to, use of or reliance on the Wikistrat Network or its Content (including loss or damage to anything that may be affected by your access to or use of the Wikistrat Network).

Limitation of Liability

To the fullest extent permitted by law, we, our related companies and affiliates and our directors, officers, employees, contractors and agents (“Our Group”) will not be liable for any loss, damage, cost, expense or liability of any kind suffered or incurred by you directly or indirectly in connection with the Wikistrat Network or its Content, however and whenever incurred (including in connection with third party claims), whether arising under statute, contract, in torts (including negligence), common law or otherwise, and you waive, release and discharge Our Group from any claim, action or demand you may have, in connection with the Wikistrat Network or its Content, including without limitation in connection with any:

  • access to or use of, suspension or limitation of the access to or use of or failure to access or use, the Wikistrat Network or its Content;

  • reliance on the Wikistrat Network or its Content;

  • the availability, functionality, reliability, operation, completeness, accuracy, security or timeliness of the Wikistrat Network or its Content;

  • defects, viruses, delays, interruptions, errors, omissions or failures related to the Wikistrat Network or its Content;

  • any changes made to the Wikistrat Network, its Content, scope, design, layout or interface;

  • User Materials posted by you or others and any act or omission of Our Group in relation to the User Materials posted by you or others;

  • your communication with other users of the Wikistrat Network;

  • the conduct of third parties accessing, using or posting materials to the Wikistrat Network, including without limitation other users;

  • your access to or use of Third Party Materials and any communication or transaction you have with such third parties.

In no event will Our Group be liable for any indirect, incidental, consequential, special or similar loss, damage, cost, expense or liability of any kind suffered or incurred by you, including without limitation loss of profit, opportunity, revenue or data, however and whenever incurred, whether arising under statute, contract, in torts (including negligence), common law or otherwise.

To the extent any applicable law does not allow the exclusion of the liability of Our group in accordance with these Terms, such liability will be limited to the fullest extent permitted by law, and if permitted, at our option, to the re-supply of the services giving rise to the liability or to the refund of any amounts paid by you to us for such services (or up to  $US 1,000 if no amount was paid).

The limitation on the liability of Our Group specified in these Terms will apply even if we have been advised of, or should have been aware of the possibility, of any loss or damage arising.

Indemnity

You agree to fully indemnify Our Group and hold Our Group harmless from and against any loss, damage, cost, expense (including legal costs and expenses) or liability of any kind suffered or incurred by Our Group, however and whenever incurred or arising (including due to third party claims), in connection with your breach of these Terms or any Additional Terms, your access to or use of the Wikistrat Network and its Content or any willful or negligent act or omission of yours, including without limitation in connection with any User Materials posted by you and any infringement of third party rights by you.

Privacy

Information provided by you or created or produced in connection with your access or use of the Wikistrat Network will be handled in accordance with our privacy policy, as updated from time to time, which is incorporated into these Terms by reference and can be accessed here

Severability

If any of these Terms or any applicable Additional Terms is deemed invalid or unenforceable in any jurisdiction by a court of competent authority, such Term will be interpreted in a manner making it enforceable in that jurisdiction, and if not possible that Term will be deemed to have been deleted without affecting the validity and enforceability of the other Terms in that jurisdiction and of that Term in other jurisdictions.

No Waiver

No failure or delay in exercising any right, power or remedy conferred by these Terms will operate as a waiver of or otherwise prevent the exercise of the right, power or remedy.

Applicable Law

These Terms will be governed and interpreted by the laws of Washington D.C., USA, without giving effect to any conflict of laws principles. You consent to the exclusive jurisdiction of the competent court in Washington D.C., USA.

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